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HomeMy WebLinkAboutordinance.council.009A-10ORDINANCE N0.9A (SERIES OF 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING SECTIONS FO THE CITY OF ASPEN LAND USE CODE: 26.510.110.B.4 AND 26.575.030.E WHEREAS, the Community Development Director of the City of Aspen initiated an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210; and, WHEREAS, the amendments requested relate to Section 26.510.110.B.4 and 26.575.030.E of the Land Use Code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Director recommended approval of amendments to the above listed Sections as further described herein; and, WHEREAS, at a duly noticed public hearing on December 15, 2009, the Planning and Zoning Commission continued a hearing to consider the proposed amendments as described herein to January 5, 2010. WHEREAS, the Planning and Zoning Commission held a duly noticed public hearing to consider the proposed amendments described herein on January 5, 2010, took and considered public testimony and the recommendation of the Director and recommended, by a 7 - 0 vote, City Council adopt the proposed amendments. WHEREAS, during a duly noticed public hearing on May 24's, the City Council took public testimony, considered pertinent recommendations from the Community Development Director, referral agencies, Planning and Zoning Commission, and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the public hearing was continued to June 7a' and then again to June 8~', 2010. WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, City of Aspen City Council Ordinance No. 9A, Series of 2010 Page 1 WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1• Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.S10.I10.B.4, Banners and Flags on Main St. Light Posts, which section defines, describes, authorizes, and regulates the availability to installed banners and flags on Main Street light posts, to read as follows: 4. Banners and flags on Main Street light posts. a. Purpose. Banners and flags hung from light posts on Main Street have traditionally been permitted to celebrate special events of community interest. The purpose of these policies and regulations is to clarify which events may be celebrated and advertised through the use of banners or flags hung from the City-owned light posts on Main Street. b. Eligibility. Banners hung from the Main Street light posts shall be permitted for anniversaries of local nonprofit organizations beginning at the organization's tenth (10th) year and for events that aze considered relevant to a lazge segment of the local community. The United States, Colorado, Aspen or foreign country flags shall be permitted at the discretion of the City Manager. c. Size/number/material. All proposed banners or flags should meet the City's specifications for size, mounting and material. Banners shall be two feet wide and four feet high (2' x 4') to be compatible with mounting system on the light posts. Banners and flags must be made of nylon, plastic or similar material. Paper is not allowed. d. Content. Banners shall only contain information identifying the event, the date and time or a simple graphic logo related to the event. Any commercial advertising shall be minimized so that any commercial content is not the most prominent information conveyed on the banner or flag and shall be limited to no more than thirty percent (30%) of the azea of the sign. The City reserves the right to request changes to the design, color or content in order to assist the applicant to comply with this requirement. e. Cost/fees/procedures. The cost of installation is outlined in the current fee schedule set forth at Chapter 2.12, Miscellaneous fee schedules, of this Code. A refundable security deposit as outlined in the current fee schedule shall be required to assure replacement of damaged banners and retrieval of the banners from the City (see Section g below for maintenance City of Aspen City Council Ordinance No. 9A, Series of 2010 Page 2 requirements). The applicant shall be required to submit an application to the City Manager's office showing the dimensions, design and colors of the proposed banners or flags at least three (3) months prior to the event. Flags aze required to be delivered to the City Parks Department one (1) week prior to the event. Banners shall be delivered to the Utility Department on Fridays at least two (2) weeks prior to their installation. f. Duration. The display of banners and flags on the Main Street light posts shall not exceed fourteen (14) days or the duration of the event, whichever is less. g. Maintenance. Prior to the placement of banners or flags on City street light posts, the applicant shall provide to the City a number of replacement flags or banners to be determined by the City. These replacement flags or banners shall be used by the City to replace banners or flags that are stolen or damaged. The cost of replacing banners or flags shall be deducted from the security deposit. Once banners have been removed, the applicant shall be required to pick up the banners from the City within three (3) days. Section 2• Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.575.030.F, Public Amenity -Design and Operational Standazds for Public Amenity, which section defines, describes, authorizes, and regulates the City of Aspen's required public amenity areas, included those operations that can occur within, to read as follows: F. Design and operational standards for public amenity. Public amenity, on all privately owned land in which public amenity is required, shall comply with the following provisions and limitations: 1. Onen to view. Public amenity azeas shall be open to view from the street at pedestrian level, which view need not be measured at right angles. 2. Onen to skv. Public amenity azeas shall be open to the sky. Temporary and seasonal coverings, such as umbrellas and retractable canopies, aze permitted. Such nonpermanent structures shall not be considered as floor azea or a reduction in public amenity on the pazcel. Trellis structures shall only be permitted in conjunction with commercial restaurant uses on a designated historic landmazk or within H, Historic Overlay Zones, and must be approved pursuant to review requirements contained in Chapter 26.415, Development Involving the Aspen Inventory of Historic Landmazk Sites and Structures or Development within an H, Historic Overlay District. Such approved structures shall not be considered as floor area or a reduction in public space on the pazcel. City of Aspen City Council Ordinance No. 9A, Series of 2010 Page 3 3. No walls/enclosures. Public amenity azeas shall not be enclosed. Temporary structures, tents, air exchange entries, plastic canopy walls and similaz devices designed to enclose the space aze prohibited, unless approved as a temporary use, pursuant to Chapter 26.450. Low fences or walls shall only be permitted within or azound the perimeter of public space if such structures shall permit views from the street into and throughout the public space. 4. Prohibited uses. Public amenity azeas shall not be used as storage azeas, utility/trash service azeas, delivery azeas or pazking areas or contain structures of any type, except as specifically provided for herein. Vacated rights-of--way shall be excluded from public amenity calculations. 5. Grade limitations. Required public amenity shall not be more than four (4) feet above or two (2) feet below the existing grade of the street or sidewalk which abuts the public space, unless the public amenity space shall follow undisturbed natural grade, in which case there shall be no limit on the extent to which it is above or below the existing grade of the street, or if a second level public amenity space is approved by the Commission. 6. Pedestrian links. )n the event that the City shall have adopted a trail plan incorporating mid-block pedestrian links, any required public space must, if the City shall so elect, be applied and dedicated for such use. 7. Landscapin¢ elan. Prior to issuance of a building permit, the Community Development Director shall require site plans and drawings of any required public amenity area, including a landscaping plan and a bond in a satisfactory form and amount to ensure compliance with any public amenity requirements under this Title. 8. Maintenance of IandscaninQ. Whenever the landscaping required herein is not maintained, the Chief Building Official, after thirty (30) days' written notice to the owner or occupant of the property, may revoke the certificate of occupancy until said party complies with the landscaping requirements of this Section. 9. Outdoor Merchandising on Private Property. Private property may be utilized for merchandising purposes by those businesses located adjacent to and on the same pazcel as the outdoor space. This shall not grant transient sales from peddlers who are not associated with an adjacent commercial operation. Outdoor merchandising shall be directly associated with the adjacent business and shall not permit stand-alone operations, including, but not limited to, automated bike rental racks, movie rental kiosks, automated dog washes, or automated massage furniture. In addition, outdoor merchandising must meet the following requirements: a) Merchandise must be maintained, orderly and located in front of or proximate to the storefront related to the sales. b) The display of merchandise shall in no way inhibit the movement of pedestrian traffic along the public right-of--way. All merchandising shall be City of Aspen City Council Ordinance No. 9A, Series of 2010 Page 4 located on private property. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. c) Outdoor clothing sales including, but not limited to, coats, jeans, shirts, athletic appazel, and footweaz shall be limited to a display of twelve (12) linear feet. For all other types of merchandise, the size and amount allowed shall be under the discretion of the property owner. d) Umbrellas, retractable canopies, and similaz devices aze not permitted for outdoor merchandising. See Section 26304.070.F.2. e) Merchandise shall be displayed for sale with the ability for pedestrians to view the item(s). Outdoor azeas shall not be used solely for storage. The prohibition of storage shall be limited to merchandising on private property and shall not apply to permitted commercial activity on an abutting right-of--way or otherwise permitted by the City. 10. Outdoor Restaurant Seating on Private Property. Private Property may be used for commercial restaurant use if adequate pedestrian and emergency vehicle access is maintained. Umbrellas, retractable canopies, and similar devices aze perntted for commercial restaurant uses. For outdoor food vending in the Commercial Core District, also see Paragraph 26.470.040.B.3, Administrative growth management review. 11. Design guideline compliance. The design of the public amenity shall meet the pazameters of the Commercial, Lodging and Historic District Design Objectives and Guidelines, (Ord. No. 55-2000, §15; Ord. No. 1-2002, §16; Ord. No. 23-2004, §3; Ord. No. 2-2005, §2; Ord. No. 5, 2005, §2; Ord. No. 13, 2007, §2) Section 3• A public hearing on the Ordinance was held on the 24a' day of May, 2010, at 5:00 p.m. in Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 4• This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5• If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. City of Aspen City Council Ordinance No. 9A, Series of 2010 Page 5 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of April, 2010. Attest: thryn S. Kohl , Ci Clerk Q''~~Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this O day of , 2010. Atte ~'~ ~l MM~I~a ~~ nW- Kathryn S. ,City lerk Michael C. Irel d, Mayor Approved as to form: chi orney City of Aspen City Council Ordinance No. 9A, Series of 2010 Page 6 „00` . __ _ � Sunday, April 25, 2010 • Aspen Times Wee Weekly Public Notice 1 9 ORDINANCE NO. 9 (SERIES OF 2010) AN ORDINANCE OF THE CITY COUNCIL UINY OF ASPEN CITY OF LAND USE CODE: ASPEN, L COLORADO, APPR.OVING AMENDMENTS AND NTS FOLLOWING SECTIONS OF THE TO THE 5.030.E WHEREAS,the Community Development Director of the City of Aspen initiated an application proposing amendments to the Land Use Code, pursuant to Chap- ter 26.210; and, WHEREAS,the amendments requested relate to Section 26.470.060.7, 26.510.110.8A, and 26.575.030.E of the Land Use Code of the Aspen Municipal Code; and, WHEREAS,pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, ap- proval with conditions, or denial by the Community Development Director and than by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Director recommended approval of amendments to the above listed Sections as further described herein; and, WHEREAS, at a duly noticed public hearing on December 15, 2009, the Planning and Zoning Commission continued a hearing to consider the proposed amendmentsas described herein to January 5. 2010. WHEREASthe Planning and Zoning Commission held a duly noticed public hearing to consider the proposed amendments described herein on January 5, 2010. took and considered public testimony and the recommendation of the Director and recommended by a 7 - 0 vote, City Council adopt the proposed amendments n/NERvelo iecty, r r eher ieetlpag e n dc agencies, esri Plannin and Zoning Commission, and and considered the development pertinent r proposal und the applicable from provisions of the M u Developmt identified dento o referral a : and, WHEREAS,theAs ni Planning g Municipal Code Asen City Council Aspen City oncil sds conditions, Met tot th e als vet wi th g an meetssr he f t As en A e a Cam a ity Plan; a nnt sindaNS antl that Me approval of the all WHE R E S, tp C C with ncill findsthat thi5s ordinance f is necessary for promotion of public hearth, l safery and welfare. WHEREAS, NOW, THEREFOR , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT. Section 1: Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.470.060.7, Temporary Out- door Food Vending, which section defines, describes, authorizes, and regulates the process for establishing a food vending cad within the City of Aspen to read as follows: 7.Temporary Food Vending Temporary Food Vending on private property or public property that is subject to a mall lease for food vending or outdoor restau- rant seating in the Gondola Plaza, Commercial Core (CC) or Commercial Lodge (CL) Zone Districts shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria'. a)Location: All hood vending shall be located in the upper and lower Gondola Plaza, Commercial Core (CC) or Commercial Lodge (CL) zone districts. The temporary operation shall under no circumstance be located in or along the public right -of -way in a manner that inhibits the movement of pedestrian or vehicular traffic. Temporary food vending may operate in interior arcades of buildings within the Commercial Core and Commercial Lodge zone districts only if the approval of the property owner and of all businesses that have access in the arcade has been granted. Other criteria that applications must be in compliance with: 1.Multiple vending sites shall not be allowed for any single owner or entity. 2.The food cart shall be in a consistent location as is practically reasonable and not intended to move on a daily basis throughout the duration of the permit, 3.The food vending cart shall be placed in a location that does not interfere with required emergency egress or pose a threat to public health, safety and welfare. A minimum d six (6) foot ingress/egress shall be maintained for building entrances and exits. 4 Before a food vending cad can begin operating, it must receive approval from the property ovmer and all adjacent businesses. b)Duration'. The temporary food vending operation shall be permitted to operate for a period of one year, beginning May 15 and ending May 14. At the and of this period, the operation shall be subject to review by the City Clerk and the Community Development Department. If all criteria are still met than the operator may receive a permit renewal. c)Fee: The permit fee for a food vending cart shall be the current fee listed in Land Use Code Section 26.104.070, Land use application fees. d)Size: The area of outdoor food vending activities does not exceed fifty (50) square feet. The area of outdoor food vending activities shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine. popcorn machine, etc.), and the space needed by employees to work the food vending activity. e)Signage: Si9nage for temporary food vending cada shall be exempt from those requirements found within Land Use Code Section 26.510, Signs, but not excluding Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50%) of the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation. Food cads may have a sandwich board sign in accordance with the regulations found within Chapter 26.510. DAn application to the Community Development Director for temporary outdoor food vending shall only be submitted and approved subsequent to submitting and obtaining approval of a food service plan from the Environmental Health Department. The area of outdoor food vending activities shall include recycling bins and a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities are not in operation. Additionally, no outdoor, open -flame char -broiling shall be permitted pursuant to Municipal Coda Section 13.08.100, Restaurant Grills. g)Aflordable Housing Waiver: The Community Development Director shall waive affordable housing mitigation fees associated with the temporary new net leasable square footage being created by outdoor food vending activities. h)The outdoor food vending activities may occur year -round An application for an approval of temporary outdoor vending activities shall not constitute nor be interpreted Statutes or Chapter 26.308 of this Title Approvals granted in this development a subject to revocation by the City M Adicle 68 of or Community Development or court as a Director without requiring prior notice. genera l i regula ons, i including but not limited to building codes, activities shall not health safety codes, fire codes, liquor llaws, sighealth, and lighti safety codes welfare , and ales tax license regulations. City • Section 2: Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.510.110.B4, Banners and Flags on Main St Light Posts, which section defines, describes, authorizes, and regulates the availability to Installed banners and flags on Main Street light posts, to read as follows: 4.Banners and flags on Main Street light posts. pur poses of th se Banners olicies flags regulations s to posts larrify which events may be celebrated and through the use o banners or flags hung from interest. he City owned light posts on Main Street. b. Eligibility. Banners hung from the Main Street light posts shall be permitted for anniversaries of local nonprofit organizations beginning at the organization's tenth (10th) year and for events that are considered relevant to a large segment of the local community. The United States, Colorado, Aspen or foreign country flags shall be permitted at the discretion of the City Manager. c. Size /number / materal. All proposed banners or flags should meet the City's specifications for size, mounting and material. Banners shall be two feet wide and four feat high (2' x 4) to be compatible with mounting system on the light posts. Banners and flags must be made of nylon, plastic or similar material. Paper is not allowed. d Content. Banners shall only contain information identifying the event, the date and time or a simple graphic/logo related to the event. Any commercial advertising shall be minimized so that any commercial content is not the most prominent information conveyed on the banner or flag and shall be limited to no more than thirty percent (3o %) of the area of the sign. The City reserves the right to request changes o the design, color or content in order to assist the applicant to comply with this requirement. 5 Costdees/procedures. The cost of installation Is outlined in the current fee schedule set forth at Chapter 2.12, Miscellaneous fee schedules, of this Code. A refundable security deposit as outlined in the current fee schedule shall be required to assure replacement of damaged banners and retrieval of the banners from the City (see Section g below for maintenance requirements). The applicant shall be required to submit an application to the City Manager's office showing the dimensions, design and colors of the proposed banners or flags at least three (3) months prior to the event. Flags are required to be delivered to the City Parks Department one (1) week prior to the event. Banners shall be delivered to the Utility Department on Fridays at least two (2) weeks prior to their installation. f.Duration. The display of banners and flags on the Main Street light posts shall not exceed fourteen (14) days or the duration of the event, whichever is less. g.Maintenanca Prior to the placement of banners or flags on City street light posts, the applicant shall provide to the City a number of replacement flags or The cost of aci banners or flags City. shalt be deductedtrom the flags ecurity deposa Once bannersh have been thre that are stolen to be shall be required to pick damaged. banners from the City within three (3) days. on 3: Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.575 030.F, Public Amenity - Design and Operational Standards for Public Amenity, which section defines, describes, authorizes, and regulates the City of Aspen's required public amenity areas, included those operations that can occur within, to read as follows: F.Design and operational standards for public amenityPublic amenity. on all privately owned land in which public amenity is required shall comply with the following provisions and limitations: 1.Qpen to view. Public amenity areas shall be open to view from the street at pedestrian level, which view need not be measured at right angles. 2.Open to sky Public amenity areas shall be open to the sky. Temporary and seasonal coverings, such as umbrellas and retractable canopies. are permitted. Such nonpermanent structures shall not be considered as floor area or a reduction in public amenity on the parcel. Trellis structures shall only be permitted in conjunction with commercial restaurant uses on a designated historic landmark or within H, Historic Overlay Zones, and must be Structures or within an H, Historic Overlay Distd contained Such approved structures Development hall not be considered as floor area Historic ora reduction in public Sites space on the parcel. 3.No wallsrendosuresPUblic amenity areas shall not be enclosed. Temporary structures, tents, air exchange entries. plastic canopy walls and similar devices designed to enclose the space are prohibited, unless approved as a temporary use, pursuant to Chapter 26.450. Low fences or walls shall only be permitted within or around the perimeter of public space if such structures shall permit views from the street Into and throughout the public space. 4.Prohibited usesPublic amenity areas shall not be used as storage areas, utility /trash service areas, delivery areas or parking areas or contain structures of any type, except as specifically provided for herein. Vacated rights-of -way shall be excluded from public amenity calculations. 5 Gratle IimitationsRequired public amenity shall not be more than four (4) feet above or two (2) feet below the existing grade of the street or sidewalk which abuts the public space, unless the public amenity space shall follow undisturbed natural grade, in which case there shall be no limit on the extent to which it is above or below the existing grade of the street, or if a second level public amenity space is approved by the Commission. 6. estrian links_In the event that the City shall have adopted a trail plan incorporating mid -block pedestrian links, any required public space must, if the City shall so elect, be applied and dedicated for such use. L d IPrior to issuance of a building permit, the Community Development Director shall require site plans and drawings of any required public amenity area, including a landscaping plan and a bond in a satisfactory form and amount to ensure compliance with any public amenity requirements under this Title. 6.Maintenance of landscaninq Whenever the landscaping required herein is not maintained the Chief Building Official, afar thirty (30) days' written notice tot the owner or occupant of the properly, may revoke the certificate of occupancy until said party complies with the landscaping requirements of this Section. 9.Outdoor M rchandi P' t P tlP vale property may be utilized for merchandising purposes by those businesses located adjacent to and on the same parcel as the outdoor space. This shall not grant transient sales from peddlers who are not associated with an adjacent commercial operation. In addition. outdoor merchandising must meet the following requirements: a)Merchandise must be maintained, orderly and located in front of or proximate to the storefront related to the ales. b)The display of merchandise shall in no way inhibit the movement of pedestrian traffic along the public right-of -way. All merchandising shall be located on private property. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. c)The size and amount of merchandise allowed is under the discretion of the property owner. d)Umbrellas, retractable canopies, and similar devices are not permitted or outdoor merchandising. See Section 26.304.070.F.2. e)Merchandise shall be displayed for ale with the ability for pedestrians to view the item(s) Outdoor areas shall not be used solely or storage. The prohibition of storage shall be limited to merchandising on private properly and shall not apply to permitted commercial activity on an abutting right -of -way or otherwise permitted by the City. 10 Outdoor Restaurant Seatin n Priv t Pro P rivate Property may be used for commercial restaurant use if adequate pedestrian and emergency vehicle access is maintained Umbrellas, retractable canopies, and similar devices are permitted for commercial restaurant uses. For outdoor food vending in the Commercial Core District, also see Paragraph 26.470.040.B.3. Administrative growth management review. 11 ,C,Ten guideline complisnce.The design of the public amenity shall meet the parameters of the Commercial, Lodging and Historic District Design Objectives and Guidelines, Ord. No. 55- 2000, §15; Ord No. 1- 2002, §16; Ord No.23- 2004, §3; Ord. No. 2- 2005, §2; Ord, No. 5, 2005, §2; Ord. No. 13, 2007, §2) Ion 4: A public hearing on the Ordinance was held on the 10th day of May, 2010, at 5:00 p.m. in Council Chambers. Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a pudic notice of Me same was published in a newspaper of general circulation within the City This o rdinance shall not ordinances repealed or amended as herein pro and Me same operate shall be conducted and concluded any concluded action such p proceeding ordi now nances. nane pending under or by virtue o the I a ny sec I ant any section, subsection, sentence, clause, phrase, or puritan of this ordinance is for any reason held invalid or unconstitutional in 8 court of competent jurisdiction, such portion shall be deemed a separate, distinct and Independent provision and shag not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUOLISHED as provided by law, by the CM Council of the City of Aspen on the 10th day of May. 2010, Attest:Kathryn S. 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